How does the Compact work with already existing liability laws?
The Compact complements domestic and international law — and in some ways extends the scope of a Member’s responsibility beyond what may exist under those laws. States can choose to pursue legal action either through any available legal system or through the Compact, but they cannot collect redress under both. If a State prevails under the compact, then it cannot also recover for the same incident of damage under State law. But, if the State loses under the Compact, the State still has rights to file a claim for damage to biological diversity under its own legal system. Additionally, even if a Member provides redress under the Compact, that Member can still be subject to liability under otherwise applicable law for non-Compact-related damages, such as claims for personal injury.
